Federal Communications Commission DA 08-497
 
Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of
Pembrook Pines Elmira, LTD
Antenna Structure Registrant
ASR#s1008080 and 1008079
Licensee of Stations 
WEHH(AM), Elmira Hts-Horseheads, NY
WELM(AM), Elmira, NY
Facility IDs #  55271, 52120
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EB-06-BF-008
EB-06-BF-009
EB-06-BF-010
EB-06-BF-011
 
 NAL/Acct. No. 200732280001
FRN 0003744174 
 
FORFEITURE ORDER
Adopted:  March 4, 2008 Released: March 6, 2008
By the Acting Regional Director, Northeast Region, Enforcement Bureau:
I.  INTRODUCTION
1. In this Forfeiture Order (“Order”), we issue a monetary forfeiture in the amount of 
fifteen thousand two hundred dollars ($15,200) to Pembrook Pines Elmira, Ltd. (“Pembrook”), licensee of 
stations WEHH(AM), Elmira Heights-Horseheads, NY, and WELM(AM), Elmira, NY, and registrant of 
antenna structure numbers 1008080 and 1008079 in Elmira, NY, for willfully and repeatedly violating 
Sections 17.48(a), 17.51(a), and 73.1745(a) of the Commission's Rules (“Rules”)1 by failing to comply 
with antenna structure lighting requirements, failing to notify the FAA of an antenna structure light 
outage, and failing to operate its AM stations consistent with the modes and power authorized in the 
stations’ licenses. 
II. BACKGROUND
2. On January 12, 2007, the Buffalo Field Office issued a Notice of Apparent Liability for 
Forfeiture (“NAL”) in the amount $19,000 to Pembrook for failure to comply with antenna structure 
lighting requirements, failure to notify the FAA of an antenna structure light outage, and failure to operate 
its AM stations consistent with the modes and power authorized in the stations’ licenses.  In its response 
to the NAL, Pembrook does not dispute the findings in the NAL, but requests a reduction in the forfeiture 
amount on two grounds.  First, Pembrook argues that assessing a forfeiture of $3,000 for failing to notify 
the Federal Aviation Administration (“FAA”) in addition to the $8,000 for failing to comply with the 
antenna structure lighting requirements is inconsistent with Commission precedent.   Pembrook claims 
that the Commission previously has not treated the failure to notify the FAA as a separate violation and 
Pembrook therefore requests that the forfeiture amount be reduced by $3,000.  Second, Pembrook 
requests that the overall fine be reduced by no less than $2,000 to reflect its history of compliance with 
the Commission’s Rules. 
  
1 47 C.F.R. §§ 17.48(a), 17.51(a), and 73.1745(a).
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III. DISCUSSION
3. The proposed forfeiture amount in this case was assessed in accordance with Section 
503(b) of the Act,2 Section 1.80 of the Rules,3 and The Commission’s Forfeiture Policy Statement and 
Amendment of Section 1.80 of the Rules to Incorporate the Forfeiture Guidelines (“Forfeiture Policy 
Statement”).4 In examining Pembrook’s response, Section 503(b) of the Act requires that the 
Commission take into account the nature, circumstances, extent and gravity of the violation and, with 
respect to the violator, the degree of culpability, any history of prior offenses, ability to pay, and other 
such matters as justice may require.5
4. We decline to cancel the $3000 forfeiture for Pembrook’s failure to notify the FAA of the 
tower light outage.  The cases cited by Pembrook in support of its position are inapposite.6 In those cases, 
we did not make a finding that the tower owners were aware of the light outages prior to an inspection by 
FCC agents.  Here, there is undisputed evidence that Pembrook was aware of the light outage as early as 
September 28, 2005.  We believe that it is appropriate, and consistent with precedent, to assess an 
additional $3,000 forfeiture where there is evidence that the tower owner knew of a light outage prior to 
the inspection by FCC agents and failed to notify the FAA.7 We therefore decline to reduce the proposed 
forfeiture amount by $3,000.  We agree with Pembrook, however, that a reduction is warranted based on 
its history of compliance with the Commission’s Rules and we reduce the forfeiture by $3,8000.
5. Based on the information before us, having examined it according to the statutory factors 
above, and in conjunction with the Forfeiture Policy Statement, we find that reduction of the proposed 
forfeiture to $15,200 is warranted.
IV.  ORDERING CLAUSES
6. ACCORDINGLY, IT IS ORDERED that, pursuant to Section 503(b) of the 
Communications Act of 1934, as amended (“Act”), and Sections 0.111, 0.311 and 1.80(f)(4) of the 
Commission’s Rules, Pembrook Pines Elmira, LTD, IS LIABLE FOR A MONETARY FORFEITURE
in the amount of $15,200 for willfully and repeatedly violating Sections 17.48(a), 17.51(a), and 
73.1745(a) of the Commission's Rules.8
7. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the 
Rules within 30 days of the release of this Order.  If the forfeiture is not paid within the period specified, 
the case may be referred to the Department of Justice for collection pursuant to Section 504(a) of the 
  
2 47 U.S.C. § 503(b).
3 47 C.F.R. § 1.80.
4 12 FCC Rcd 17087 (1997), recon. denied, 15 FCC Rcd 303 (1999).
5 47 U.S.C. § 503(b)(2)(E).
6 South Central Communications Corporation, Forfeiture Order, 18 FCC Rcd 700 (2003); MortensonBroadcasting Co., 
18 FCC Rcd 9577 (2003); Wings Communications, Inc., Forfeiture Order, 19 FCC Rcd 8855 (2004); Forever of PA, 
Inc., Forfeiture Order, 2008 WL 476889 (2008); Lotus Communications Corp., Forfeiture Order, 20 FCC Rcd 11549 
(2005).
7 See e.g., American Radio Brokers, Inc., Forfeiture Order, 20 FCC Rcd 5165 (2005); WLTH Radio, Inc., Forfeiture 
Order, 19 FCC Rcd 23612 (2004), petition for recon. granted in part denied in part, Memorandum Opinion and Order, 
21 FCC Rcd 3580 (2006) (reducing forfeiture amount based on demonstrated inability to pay).
8 47 U.S.C. § 503(b), 47 C.F.R. §§ 0.111, 0.311, 1.80(f)(4), 17.48(a), 17.51(a), and 73.1745(a).
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Act.9 Payment of the forfeiture must be made by check or similar instrument, payable to the order of the 
Federal Communications Commission.  The payment must include the NAL/Account Number and FRN 
Number referenced above.  Payment by check or money order may be mailed to Federal Communications 
Commission, P.O. Box 979088, St. Louis, MO 63197-9000.  Payment by overnight mail may be sent to 
U.S. Bank – Government Lockbox #979088, SL-MO-C2-GL, 1005 Convention Plaza, St. Louis, MO 
63101.  Payment by wire transfer may be made to ABA Number 021030004, receiving bank 
TREAS/NYC, and account number 27000001.  For payment by credit card, an FCC Form 159 
(Remittance Advice) must be submitted. When completing the FCC Form 159, enter the NAL/Account 
number in block number 23A (call sign/other ID), and enter the letters “FORF” in block number 24A 
(payment type code).  Requests for full payment under an installment plan should be sent to: Chief 
Financial Officer -- Financial Operations, 445 12th Street, S.W., Room 1-A625, Washington, D.C.
20554.  Please contact the Financial Operations Group Help Desk at 1-877-480-3201 or Email: 
ARINQUIRIES@fcc.gov with any questions regarding payment procedures. 
8. IT IS FURTHER ORDERED that a copy of this Order shall be sent by First Class Mail 
and Certified Mail Return Receipt Requested to Pembrook Pines Elmira, LTD at its address of record, and 
Harry F. Cole, its counsel of record.
FEDERAL COMMUNICATIONS COMMISSION
G. Michael Moffitt
Acting Regional Director, Northeast Region
Enforcement Bureau
  
9 47 U.S.C. § 504(a).